Sebastian Officials Cleared Tax Commissioners Won't Be Charged

July 12, 1986|By Lynne Bumpus-Hooper of The Sentinel Staff

TITUSVILLE — Sebastian Inlet Tax District commissioners showed a ''flagrant disregard'' for laws but won't be charged with breaking them because it cannot be proved in court their actions were deliberate, according to a state attorney's report released Friday.

State Attorney Norm Wolfinger released results of an investigation that determined that the commissioners would not be charged. Wolfinger also sent a strongly worded letter to Gov. Bob Graham advising him of the investigation's findings, which covered the district's operation from October 1980 through March 1985.

Wolfinger said Graham could choose to suspend or remove officials from the board; refer the matter to the Legislature, which considered reorganization of the district this year; or take other action.

''We're informing the governor of our findings because these people are charged with a public trust and administration of public funds,'' Wolfinger said.

The investigation was initiated after a state audit last July concluded that more than $715,000 was paid to construction contractors or engineers without proper documentation. About $18,000 was paid to commissioners for travel expenses, also without proper backup material, the report from the state auditor's office showed.

The state attorney's office report concluded that the commissioners and their staff were ''unaware or negligent in not familiarizing themselves with the proper procedures'' for reporting travel expenses.

But Assistant State Attorney Michael Hunt, who conducted the investigation, also reported that he could not determine if they ''willfully made false claims'' because of lack of evidence.

Although the auditor's report found that payments were made to contractors and engineers without the documentation required by law, Hunt said none of those payments were bribes or ''improper compensation.''

Hunt's report concluded that ''there was overwhelming evidence of gross mismanagement and lack of procedures. . . . However, there is a lack of competent evidence to support any criminal charges.''